Opinion
14358 Index No. 602769/07 Case No. 2021–00157
10-14-2021
Simon LORNE et al., Plaintiffs–Respondents, v. 50 MADISON AVE LLC et al., Defendants–Appellants, Goldstein Properties, LLC, et al., Defendants.
Clark Guldin, New York (Janesa Urbano of counsel), for appellants. Schwartz Sladkus Reich Greenberg Atlas LLP, New York (Stephen H. Orel of counsel), for respondents.
Clark Guldin, New York (Janesa Urbano of counsel), for appellants.
Schwartz Sladkus Reich Greenberg Atlas LLP, New York (Stephen H. Orel of counsel), for respondents.
Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.
Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about November 18, 2020, which, to the extent appealed from as limited by the briefs, denied defendants 50 Madison Ave LLC and Samson Management LLC's motion for partial summary judgment insofar as it sought dismissal of plaintiffs' second cause of action, for fraud, unanimously affirmed, without costs.
The court correctly denied defendants' motion for partial summary judgment regarding the fraud claim on the grounds that it had denied a prior summary judgment motion by defendants which made the same arguments. Defendants did not submit any new factual assertions or evidence that were unavailable to defendants before the prior motion, and they failed to show sufficient cause for making the second motion (see Jones v. 636 Holding Corp., 73 A.D.3d 409, 409, 899 N.Y.S.2d 605 [1st Dept. 2010] ; 11 Essex St. Corp. v. Tower Ins. Co. of N.Y., 81 A.D.3d 516, 517, 917 N.Y.S.2d 164 [1st Dept. 2011] ).
In light of the foregoing, we need not reach the remaining issues raised.